What are the procedures for issuing auctioneer cards to persons with auction practice certificates in Vietnam?
What is the time limit for issuance of auction practice certificates in Vietnam?
Pursuant to Article 14 of the Law on Property Auction 2016, regulations on issuance of Auction Practice Certificates are as follows:
Grant of auction practice certificates
1. A person who fully satisfies the criteria prescribed in Article 10 of this Law shall send a dossier of application for an auction practice certificate to the Ministry of Justice and pay a charge prescribed by law. Such a dossier must comprise:
a/ An application for an auction practice certificate;
b/ A certified copy or a copy enclosed with the original of the applicant’s university or postgraduate degree in law, economics, accounting, finance or banking;
c/ A certified copy or a copy enclosed with the original of the applicant’s auction training certificate;
d/ A written certification that the applicant has passed the auction practice internship result examination;
dd/ A judicial record card;
e/ A color photo sized 3 cm x 4 cm.
2. Within 15 days after receiving a complete and valid dossier, the Minister of Justice shall decide to grant an auction practice certificate. In case of refusal to grant such certificate, he/she shall state the reason in writing. Persons whose applications for auction practice certificates are rejected may file complaints or initiate lawsuits in accordance with law.
...
Within 15 days after receiving a complete and valid dossier, the Minister of Justice shall decide to grant an auction practice certificate.
Note: In case of refusal to grant such certificate, he/she shall state the reason in writing.
Persons whose applications for auction practice certificates are rejected may file complaints or initiate lawsuits in accordance with law.
What are the procedures for issuing auctioneer cards to persons with auction practice certificates in Vietnam? (Image from the Internet)
What are the procedures for issuing auctioneer cards to persons with auction practice certificates in Vietnam?
Pursuant to Article 3 of Decree 62/2017/ND-CP on the procedures for issuance of auctioneer cards:
(1) A property auction organization or bad debt management organization shall submit an application for issuance of auctioneer cards held by its auctioneers directly, by post, or in any form deemed appropriate to the Service of Justice in the province where it is headquartered.
An application includes:
- An application form for issuance of auctioneer cards;
- Certified true copies or copies of auction licenses enclosed with original copies;
- 1 color photo size 2cm x 3cm (taken not longer than 6 months from the date of submission of photo)
(2) Within 5 working days from the date on which the satisfactory application is received as prescribed in Clause 1 of this Article, the Service of Justice shall issue auctioneer cards;
If the application is rejected, it shall provide explanation in writing.
(3) Within 3 working days from the date on which the auctioneer cards are issued, the Service of Justice shall post the list of auctioneers on its website, and forward it to the Ministry of Justice.
Note:
- An auctioneer card shall maintain valid only when its holder practices in the organization for which the auctioneer card is applied.
- The auctioneer is entitled to conduct an actual auction only if he/she is issued with an auctioneer card.
- The auctioneer has to wear his/her auctioneer card when conducting an auction. The holder of auctioneer card may not work as a notary or bailiff as a part-time job
May an auctioneer sign labor contracts with many property auction businesses in Vietnam?
Pursuant to Article 18 of the Law on Property Auction 2016:
Forms of practice by auctioneers
1. Auctioneers may practice in:
a/ Property auction service centers;
b/ Property auction businesses;
c/ The wholly state-owned organization established by the Government to settle non- performing loans of credit institutions.
2. The practice by auctioneers specified at Point a, Clause 1 of this Article must comply with this Law, the law on cadres and civil servants and the law on public employees.
3. The practice by auctioneers specified at Point b, Clause 1 of this Article may be carried out through establishing, participating in the establishment of, or working under labor contracts in, property auction businesses. An auctioneer may establish, or participate in the establishment of, or sign a labor contract with, only one property auction business in accordance with this Law and other relevant regulations.
4. The practice by auctioneers specified at Point c, Clause 1 of this Article must comply with this Law and the labor law.
An auctioneer may establish, or participate in the establishment of, or sign a labor contract with, only one property auction business.
Thus, an auctioneer may not sign labor contracts with more than one property auction business, but may only sign a labor contract with one property auction business.
LawNet